Judge's Close Tie to Top Lawyer Key in Warehouse Appeal

Legal Dispute Over Demolition Project Sparks Questions About Judicial Impartiality

A long-standing friendship between a judge and the top lawyer for the county government has become a key issue in the appeal of a recent court ruling that allowed a demolition project to proceed. The case involves Jackson Demolition Services, which is challenging the decision made by State Supreme Court Judge Sherri Brooks-Morton. This decision permitted the Advance Albany County Alliance and two downstate firms to move forward with the demolition of the Central Warehouse.

Jackson Demolition filed a lawsuit on March 10, arguing that the Alliance violated public bidding laws and failed to follow its own purchasing rules. The company also claimed that the decision to award the contract to Gramercy Group and Li-Ro Hill was arbitrary and capricious. Jackson Demolition had submitted a bid for the multi-million dollar contract to demolish the aging downtown structure.

In an appeal filed last week, the company reiterated its claims about the Alliance’s actions. Additionally, the appeal argues that Judge Brooks-Morton should have recused herself from the case due to her relationship with Albany County Attorney Jeffrey Jamison. According to the notice of appeal, Jamison attended oral arguments in the dispute and visited the judge’s chambers.

Attorneys for Jackson Demolition requested a hearing to address what they saw as a conflict of interest. During a June 25 court hearing, Brooks-Morton acknowledged having a long professional relationship with County Executive Dan McCoy, as well as personal ties to his wife and Jamison. She also noted that Jamison had worked with her secretary.

“I have a very long, professional relationship with County Executive Dan McCoy, as well as personal relationships with McCoy, his wife, and Jamison. Jamison also worked with the judge's secretary,” she said, according to the hearing transcript.

McCoy appointed Brooks-Morton in 2012 as the Albany County Alternate Public Defender, where Jamison was an employee under her. She previously served as a family court judge in Albany County and was elected to the state Supreme Court seat in 2023.

Kimberlee Dale Marshall, an attorney for Jackson Demolition Services, requested security footage from the Albany County Sheriff’s Office to determine how long Jamison was in Brooks-Morton’s chambers. However, the request was denied. They also asked for Jamison’s schedule for that day, which came back redacted.

Dale Marshall explained that their concern was not about the judge’s conduct but rather Jamison’s, as it created an appearance of impropriety. Brooks-Morton responded that Jamison was only at her secretary’s office and the conversation was about “random, personal things.” She declined to recuse herself from the case.

“At no time did I, would I ever have a conversation with Mr. Jamison about any case that was in front of me, nor is Mr. Jamison party to this case,” she told the attorneys.

An Albany County spokeswoman did not respond to requests for comment on Jamison’s presence during the court hearing. One week after the hearing, Brooks-Morton ruled that the Alliance was allowed to select the bid offered by Gramercy Group and Li-Ro Hill. In her ruling, she noted that the Alliance is a not-for-profit local development corporation and falls under laws governing public authorities. Under those rules, the alliance is not required to hire the lowest bidder.

Jackson Demolition argued that it should have been selected because its $14.1-million bid was the lowest of the three considered. The winning bid from Gramercy Group and Li-Ro Hill was for $14.6 million.

The Alliance’s board approved a resolution on Feb. 25 allowing O’Connor to begin negotiations with the firms to take down the 11-story building. The resolution awarding the contract to the partnership made it clear that the alliance considered factors beyond price.

In a statement after the lawsuit was initially filed, the alliance reiterated that cost was not the sole factor in awarding the bid. The board examined several issues, including bidders' experience and qualifications, project cost, methodology, past performance, and compliance with request-for-proposal rules. The alliance stated that these criteria were clearly communicated to all firms that submitted bids.

During a meeting of the alliance’s board on Wednesday, CEO Kevin O’Connor mentioned that the demolition of the building is expected to take 12 to 15 months. Before the demolition can begin, the building must undergo asbestos remediation.